I-3 C15-2020-0018 PART1 — original pdf

Backup

May 5, 2020 Stuart Warren 3418 N Lamar Blvd Austin TX, 78705 Property Description: LOT A - EHRLICH ADDN Re: C15-2020-0018 Dear Stuart, Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a variance(s) to the following section of Land Development Code; Section 25-6-472 (Parking Facility Standards) Appendix A (Tables of Off-Street parking and Loading Requirements) ; to reduce the number of required parking spaces from 67 spaces (required) to 43 spaces (requested, 45 spaces existing); In order to remodel an existing 5,760 sq. ft. building for a restaurant use in a “CS-V-CO-NP”, General Commercial Services – Vertical Mixed Use building – Conditional Overlay – Neighborhood Plan zoning district. (Windsor Road Neighborhood Plan) Austin Energy does not oppose the above variance request provided any proposed and existing improvements follow Austin Energy’s clearance criteria requirements, the National Electric Safety Code and OSHA. Any removal or relocation of existing electric facilities will be at owners /applicants’ expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of review action: https://austinenergy.com/wcm/connect/8bb4699c-7691-4a74-98e7- 56059e9be364/Design+Criteria+Manual+Oct+2015.pdf?MOD=AJPERES the above If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Eben Kellogg, Property Agent Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 (512) 322-6050 I-3/1From: To: Subject: Date: Attachments: Ramirez, Elaine Ramirez, Diana Withdrawing Item I-3 / C15-2020-0018 / 3418 N. Lamar Blvd Tuesday, May 5, 2020 12:47:04 PM image001.png Can you please include this e-mail in the shared folder for the above case? Respectfully, Elaine Ramirez Senior Planner / Board of Adjustment Liaison City of Austin Development Services Department One Texas Center / 505 Barton Springs Rd / 1st Floor Office: 512-974-2202 PER CITY ORDINANCE: All individuals scheduling or accepting a meeting invitation with a City Official are requested to provide responses to the questions at the following link: DSD Visitor Log. Please note that all information provided is subject to public disclosure via DSD’s open data portal. For more information please visit: City of Austin Ordinance 2016-0922-005 | City Clerk’s website | City Clerk’s FAQ’s From: Sent: Tuesday, May 05, 2020 11:43 AM To: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Cc: Subject: RE: REMINDER: Applicants of the Mon. 5/11/2020 BOA mtg. *** External Email - Exercise Caution *** I hope this email finds you well. Unfortunately, we must withdraw our application for a parking zoning variance for 3418 North Lamar Boulevard, as we are unable to move forward with our plans to remodel this property for a restaurant use. See attached application. We were scheduled to be part of the May 11, 2020 meeting. Please remove our application from the agenda. We thank you for your time in handling this matter. Hi Elaine- Regards, Stuart Warren Stuart Warren VP, Deputy General Counsel I-3/2Fox Restaurant Concepts direct: 480.905.6918 4455 E Camelback Rd #B100 Phoenix, AZ 85018 From: Ramirez, Elaine <Elaine.Ramirez@austintexas.gov> Sent: Friday, May 1, 2020 6:25 AM To: Jason Thumlert Cc: Ramirez, Diana <Diana.Ramirez@austintexas.gov> Subject: REMINDER: Applicants of the Mon. 5/11/2020 BOA mtg. Hello Applicants of the Mon. May 11, 2020 BOA meeting- Please read this entire e-mail Under the current situation the BOA meeting will be held virtually for the month of May. IF you will be making a Presentation, I will need your presentation sent to me by 3p.m. on Wed. May. 6, 2020, per our IT Dept. no late Presentations or updated Presentations will be accepted after 3p.m. on Wed. May 6th. It will need to be labeled with case # and address and e-mailed to me in PDF format. Also per our IT Dept. please know that using a headset with a microphone will give you the best meeting experience. If meeting participants are calling (using a phone) in to the meeting, and using video from an iPad or computer, they will need to mute the microphone on the other device, and mute the audio from the other device. They are either calling in for audio, or they are using their PC or iPad for audio…they cannot use both, it causes major issues with audio feedback. Board of Adjustment meeting to be held Monday, May 11, 2020 with Social Distancing Modifications I-3/3Public comment will be allowed via telephone; no in-person input will be allowed. All speakers including Applicant(s) must register in advance (Day before the scheduled meeting, May 10, 2020 before Noon). To speak remotely at the May 11, 2020 Board of Adjustment Meeting, residents and Applicant(s) must: • Email the board liaison at elaine.ramirez@austintexas.gov (the day before the meeting). The information required is the speaker name, item number(s), Case number, and telephone number and/or email address. •Once a request to speak has been emailed to the board liaison, applicants will receive either an email or phone call providing the telephone number to call on the day of the scheduled meeting. •Speakers must call in at least 30 minutes prior to meeting start in order to speak, late callers will not be accepted and will not be able to speak. •Speakers will be placed in a queue until their time to speak. (Please keep in mind you could be on hold for quite some time) •No donation of time •Postponement request must be sent by 3p.m. Monday, day of meeting to Liaison(s) – Elaine Ramirez and Diana Ramirez •10 p.m. hardstop, items on the table will be postponed to the next meeting. •Residents may watch the meeting here: http://www.austintexas.gov/page/watch-atxn-live Respectfully, Elaine Ramirez Planner Senior / Board of Adjustment Liaison City of Austin Development Services Department One Texas Center / 505 Barton Springs Rd / 1st Floor Office: 512-974-2202 PER CITY ORDINANCE: All individuals scheduling or accepting a meeting invitation with a City Official are requested to provide responses to the questions at the following link: DSD Visitor Log. Please note that all information provided is subject to public disclosure via DSD’s open data portal. For more information please visit: City of Austin Ordinance 2016-0922-005 | City Clerk’s website | City Clerk’s FAQ’s CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to CSIRT@austintexas.gov. I-3/4BOA GENERAL REVIEW COVERSHEET CASE: C15-2020-0018 BOA DATE: April 13, 2020 ADDRESS: 3418 N. Lamar Blvd. OWNER: Robert M. Ehrlich Jr. COUNCIL DISTRICT: 10 AGENT: Stewart Warren ZONING: CS-V-NP LEGAL DESCRIPTION: LOT A EHRLICH ADDN VARIANCE REQUEST: reduce number of required parking spaces from 67 spaces to 43 spaces SUMMARY: restaurant use ISSUES: property cannot accommodate additional on-site parking. ZONING LAND USES Site CS-V-NP North CS-V-NP South CS-V-NP East West P-NP CS-NP General Commercial Services-Vertical Mixed Use General Commercial Services-Vertical Mixed Use General Commercial Services-Vertical Mixed Use Public General Commercial Services NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bike Austin Central Austin Community Development Corporation Central West Austin Neighborhood Plan Contact Team Friends of Austin Neighborhoods Homeless Neighborhood Association Neighborhood Empowerment Foundation Preservation Austin SELTexas Shoal Creek Conservancy Sierra Club, Austin Regional Group I-3/5 I-3/6I-3/7Board of Adjustment for consideration to (select appropriate option below): Erect Attach Complete Remodel Maintain Other: Type of Structure: stand-alone, single story building for restaurant use originally constructed in 1974 Portion of the City of Austin Land Development Code applicant is seeking a variance from: LDC 25-6-472 “Parking Facility Standards” requires parking to be provided in accordance with Appendix A “Tables of Off-Street Parking and Loading Requirements”. For a restaurant use over 2,500 sf, 1 parking space for each 75 sf of the building and patio area is required. Existing building contains 5,760 sf and would require 77 spaces per code but is grandfathered at 45 spaces. Prior tenant added 2,344 sf patio, requiring 25 additional spaces (with 80% reduction). (See Section 6: Additional Space for more information.) Section 2: Variance Findings The Board must determine the existence of, sufficiency of, and weight of evidence supporting the findings described below. Therefore, you must complete each of the applicable Findings Statements as part of your application. Failure to do so may result in your application being rejected as incomplete. Please attach any additional supporting documents. NOTE: The Board cannot grant a variance that would provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated. I contend that my entitlement to the requested variance is based on the following findings: Reasonable Use The zoning regulations applicable to the property do not allow for a reasonable use because: Property cannot accommodate additional on-site parking. Café Express, the prior restaurant, obtained 24 off-site spaces from nearby US postal office under a parking lease but this lease was terminated when Café Express permanently closed. Doughbird, the new would-be restaurant, intends to remodel the building, preserving the current interior square footage while reducing the patio area to approximately 2,004 sf. LDC 25-6-471’s parking requirements nevertheless prevent Doughbird from remodeling and operating a restaurant from the property, which now sits vacant. Doughbird’s lease has an initial 15-year term but Doughbird may terminate its lease if the property’s parking problem cannot be resolved. Hardship a) The hardship for which the variance is requested is unique to the property in that: Historically, the property has been used for restaurants—previously Le Madeleine French Bakery and Café followed by Café Express. Strict enforcement of LDC 25-6-471 prevents Doughbird from investing funds to renovate and refresh the building and thereby continuing a viable restaurant use on the property. The building and parking lot configuration and impervious cover limits physically prevent construction of additional on-site parking spaces to accommodate current code requirements. City of Austin | Board of Adjustment General/Parking Variance Application 09/11/2015 | Page 5 of 8 I-3/8I-3/9Section 3: Applicant Certificate that my statements I affirm my knowledge and belief. contai, omplete application are true and correct to the best of Applicant Signature:-r '-- -- - - - - -- - - __::: ""'-::: ,-- -- - Date:�h Applicant Name (t Doughbird Holding Company LLC (attn: Stuart Warren) oio Applicant Mailing Address: 4455 E. Camelback Road Suite Bl00 City: Phoenix State: Arizona Zip: 85018 Phone (will be public information): _.(4_8_0_,,)_9_0_5_-_6_9_2_0 __ _ __ ____ __ ____ _ _ Email (optional -will be public information): Section 4: Owner Certificate I affirm that my statements my knowledge and belief. contained in the complete application are true and correct to the best of Owner Signature: � Date: :J /1 I,-. z,o Owner Name (typed or printed): Elu·lich Lamar, Ltd. (attn: Robert M. Elulich , Jr.) Owner Mailing Address: 1601 W. 28th Street Suite 206 City: Austin State: Texas Zip: 78731 Phone (will be public information): ._(5 __ 1 __ 2.,__)7 __ 5 __ 1_-6;:;....;8:;..;:6;.,;;;3 ___ __ _ _ _ _ _ _______ _ Email (optional -will be public information): Section 5: Agent Information Agent Name: Dou hbird I-Ioldin Com ,an LLC attn: Stuait Warren Agent Mailing Address: 4455 E. Camel back Road Suite BlO0 City: Phoenix State: /\Jizona Zip: 85018 Phone (will be public information) : __,_(--'-48-"-- 0C--')�9'-00'"""'5_-�6;..;;;9=2=0 _ ___ __ _ _ ____ _ _ _ _ _ Email (optional -will be public information): Section 6: Additional Space (if applicable) Please use the space below to provide to the proper item, include referenced additional information and Field names as well (continued as needed. To ensure the information on next page). is the Section City of Austin I Board of Adjustment General/Parking Variance Application 09/11/2015 I Page 7 of 8 I-3/10Additional Space (continued) - The number of grandfathered parking spaces (45) was obtained from the Café Express Offsite Parking Plan SP- 2010-0526T. A copy of this plan with the number of grandfathered spaces highlighted in the parking table is provided with this application. - Proposed improvements require 67 spaces total, currently the adjacent lot is striped with 44 parking spaces, which includes 3 handicap spaces. In the past one of the 45 grandfathered spaces was converted to a dumpster enclosure, therefore 44 striped spaces currently exist in the parking lot. One of the striped standard spaces contains a light pole and cannot be used as a parking space. With this, the total number of parking spaces on-site is 43 and the property is deficient 24 spaces. Ample on-street parallel spaces exist along both sides of West 35th Street adjacent to the site. City of Austin | Board of Adjustment General/Parking Variance Application 09/11/2015 | Page 8 of 8 I-3/11I-3/12N n o i t c u d o p e R r . c e t n a t S f r r o y t r e p o p e h t e a s g n w a d d n a s n g i s e d r i l l a o t s t h g i r y p o C e h T . n e d d b o r i f s i c e t n a t S y b d e z i r o h t u a t a h t n a h t r e h t o e s o p u p y n a r r o f e s u r o . y a e d l t u o h t i w c e t n a t S o t d e t r o p e r e b l l a h s s n o i s s i m o r o s r o r r e y n a - i g n w a d e h t r l e a c s T O N O D . s n o i s n e m d i l l a r o f l e b i s n o p s e r e b d n a y f i r e v l l a h s r o t c a r t n o C e h T 0 3 2 4 9 1 0 1 # S L P B T 4 2 3 6 - F # E P B T 0 0 3 e t i u S , t e e r t S h c i r l d A 5 0 9 1 3 2 7 8 7 X T , n i t s u A . m o c c e t n a t s . w w w . D D M M Y Y . . d p p A y B d e u s s I 0 1 - 2 0 - 0 2 0 2 O L . D D M M Y Y . . d p p A M B y B I T N U O C G N K R A P D E T C E R R O C n o i s i v e R C L L Y N A P M O C G N D L O H D R B H G U O D I I j t c e o r P / t n e C i l Permit-Seal D R A V E L U O B R A M A L H T R O N 8 1 4 3 v o r P / e t a t S , y t i C X T , N I T S U A e l t i T Y E V R U S E L T I T D N A L S P S N / A T L A Project Number: 222012015 File Name: 222012012v02_ti01.dwg 20.01.04 YY.MM.DD JB Dsgn. 1 BM AB Chkd. Dwn. Drawing No. Revision - Sheet 1 of 1 LINE TABLE i . r g w d 1 0 i t _ 2 0 v 5 1 0 2 1 0 2 2 2 \ s g n w a d \ y e v r u s \ 5 1 0 2 1 0 2 2 2 \ e v i t c a \ 0 2 2 2 \ V : e l l e h c M i , r : e n n e S : M y B A 2 5 0 1 1 1 / 3 0 / 0 2 0 2 ORIGINAL SHEET - ARCH D I-3/13DOUGHBIRD - PHOENIX, AZ CONCEPTUAL DESIGN I-3/14I N A M O D E H T - N I T S U A - T U O P O R D Y R A N L U C I I N A M O D E H T - N I T S U A - I D L H C R E W O L F N I T S U A N W O T N W O D - N I T S U A - I D L H C R E W O L F NORTH ITALIA - AUSTIN - THE DOMAIN NORTH ITALIA - AUSTIN - DOWNTOWN EXISTING LOCATIONS IN AUSTIN I-3/151 N LAMAR BLVD PATIO EXISTING CAFE EXPRESS VIEW 1 T E E R T S H T 5 3 W 3 VIEW 2 MEDICAL PKWY 2 VIEW 3 CAFE EXPRESS: EXISTING SITE PLAN + PHOTOS I-3/16